The National Election Committee, acting within its competence provided for in Section 90/A (4) a), Section 99/K (5) a), Section 105/A (4) a), Section 115/I (8) a), Section 124/A (3) a) and Section 143/A (4) of Act C of 1997 on Electoral Procedure (hereinafter: Ve.), has reviewed the previously adopted OVB resolutions.

It issues its previous resolutions on campaign silence - partially amended in view of the interim legal changes - in a consolidated structure, in the following

resolution

According to Ve. Section 2, this Act shall apply to:

"a) the election of parliamentary representatives,

b) the election of members of the European Parliament,

c) the election of local government representatives and mayors, as well as members of local minority self-governments,

d) the election of members of minority self-governments,

e) national referendums,

f) local referendums,

g) national popular initiatives, and

h) local popular initiatives,

i) electoral procedures for which the application of this Act is ordered by law [the provisions of points a)-i) together: election]."

The Ve. provides the following general rules for electoral campaigns, campaign silence, and its violation - which are valid for all elections listed in Section 2:

"Section 40 (1) The electoral campaign lasts from the announcement of the election until the beginning of the voting day. (2) It is forbidden to conduct an electoral campaign from midnight on the day of the vote until 7 p.m."

Section 41. Any influencing of the voters' will shall be considered a violation of campaign silence, including, in particular: services provided free of charge to voters by a candidate or a nominating organization (organized transportation to vote, giving food and drink), the distribution of party badges, flags, party symbols, objects containing the candidate's photo or name, the placement of election posters (hereinafter: posters), the provision of information capable of influencing the voters' will electronically or by other means."

1. It is considered a violation of campaign silence if anyone organizes, leads, or participates in a political rally or demonstration during the period of campaign silence.

2. During the period of campaign silence, the distribution of party badges, flags, symbols, objects containing the name or photo of the candidate or nominating organization (hereinafter together: party symbols) is capable of influencing the voters' will and is therefore prohibited for everyone.
Given that the primary task and responsibility of the members of the election committees (vote counting committees) and election offices (hereinafter together: election bodies) is to ensure the purity of the elections, the lawful conduct of the elections, and the enforcement of impartiality [Ve. Section 21 (1) and Section 35 (1)], the members of the election bodies may not use, distribute, or wear party symbols on their clothing during the period of campaign silence. It is also forbidden to use party symbols or wear uniforms associated with parties in the official premises of the election bodies, especially in polling stations.

However, it is not forbidden to hoist or use symbols and flags in the official premises of the election bodies (especially in polling stations) during the period of campaign silence if they must be permanently hoisted or raised on the public buildings of state and local government bodies based on Act LXXXIII of 1995 on the use of the national symbols of the Republic of Hungary and the name referring to the Republic of Hungary.

3. The results of opinion polls related to the elections must not be made public during the period of campaign silence. For the purpose of a violation of campaign silence, the time of publication, disclosure, display, and content update is decisive.
Therefore, it is considered a violation of campaign silence if, after its beginning, a print or electronic medium publishes an already public opinion poll result related to the election, regardless of when the given opinion poll was conducted.

4. It is not a violation of campaign silence if print products containing information that could influence the voters' will, which were published before the beginning of the campaign silence, continue to be available for purchase at their previous distribution points under the conditions that existed before the beginning of the campaign silence.
However, it is a violation of campaign silence if the distribution of such a print product begins on the day of the campaign silence.

5. It is not considered a violation of campaign silence if information related to candidates or nominating organizations, which was published before the beginning of the campaign silence, is available on the website of the electronic content provider, even during the period of campaign silence. However, it is a violation of campaign silence if, after its beginning, the electronic content provider publishes or updates such information, whether it was created earlier or during the period of campaign silence.

6. It is considered a violation of campaign silence if, after its beginning, any print or electronic medium mentions or features a person or nominating organization that can be linked to the election, especially if it provides information about the number and composition of candidates or possible withdrawals, if this act is capable of influencing the voters' will. This prohibition also applies to the repetition of previously recorded programs. During the period of campaign silence, the vote counting committee is authorized to provide information about a candidate who has dropped out, in accordance with Ve. Section 67 (3).

7. It is considered a violation of campaign silence if, after its beginning, candidates, nominating organizations, or others send organized SMS messages, emails, or automated calls to voters, without their specific request or prior authorization, encouraging them to participate in the election or to support certain candidates or nominating organizations.

8. Internet blogs written by public figure candidates or persons on the lists of nominating organizations, and the websites of candidates or nominating organizations, cannot be updated or their content changed during campaign silence. This restriction is independent of where the data carrier containing the website is located, if its content is accessible electronically from Hungary. However, a violation of campaign silence can only be committed by a person or organization subject to Hungarian jurisdiction.

9. The sending of information or other communication electronically to an email address provided by voters based on a specific, prior order from them - regardless of its specific content - is not capable of influencing the voters' will due to its voluntary nature, and therefore does not constitute a violation of campaign silence.

10. Personal communication between citizens as private individuals - regardless of its content and form [including letters, SMS, emails, internet blogs (blog/)] - does not constitute a violation of campaign silence.

11. Ve. Sections 44-44/A provide general rules for the participation of broadcasters in the electoral campaign, while Section 93 (election of parliamentary representatives) and Section 106 (election of local government representatives and mayors) provide special provisions for individual elections. These do not lay down special rules for the conduct of broadcasters during campaign silence. Consequently, for all elections, the provisions of Ve. Section 41 are applicable to the operation of national, regional, and local broadcasters during campaign silence, also with due regard to the provisions of point 6.
However, the connection of the program or information service to the election and its suitability to influence the voters' will must always be examined in relation to the specific election. A violation of campaign silence can only be established if the program (information service) is in direct connection with the specific election and its content is - objectively - capable of influencing the voters' will in relation to that election.

12. With the publication of this resolution, Resolution 7/1994 (V. 5.) OVB, Resolution 11/1998 (V. 18.) OVB, Resolution 13/2002 (IV. 2.) OVB, Resolution 14/2002 (IV. 4.) OVB, Resolution 6/2006 (III. 9.) OVB and Resolution 14/2006 (IV. 18.) OVB are repealed.

Dr. Péter Szigeti
President of the National Election Committee
elnöke

* The text was established by Resolution 5/2010. OVB